Falmouth Building Corp. v. Zottoli

Order, Supreme Court, Bronx County (Anita Florio, J.), entered May 1, 1992, which, in an action to recover the down payment on a contract or the sale of real estate, denied plaintiff’s motion for leave to amend its complaint to add a cause of action for fraud, and for summary judgment, and granted defendants’ cross-motion for summary judgment, unanimously affirmed, without costs.

The title to the subject property was not rendered unmarketable or uninsurable by the fact that two of the four tax lots comprising the property had no access or limited access to the public street. Since the parcel…